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juatices of the Supremwme Court years. _ Other Presidents besides Mr. Johnson, Republican as well as Democratic, have appointed porters with a controveratal Just what criteria do Presl- dents use in making appoint- ments to the Supreme Court? They sometimes look for out- standing lawyers rather than experienced judges, but often there are political factors in- galved. Aiaracinnallv ry mem. Se ea 7 anesee ber of the Senate with a legal geveral men have gone to the Supreme Court from Congress or from the Cabinet. Every now and then a V. ttorney General or Bo citor mera] in the Department of Justice has won promotion |. the Supreme Court. Gome | of these appointees have | made a fine record, and it is and fair-minded justice who is able to forget his early es- pousal of “Left-wing” causes that made him a controversial figure in the “New Deal.” He is only 55 today and has a long period of time ahead in which to adjust his thinking to judicial doctrines. -+ Men in the political ‘world, Aowever, are not inclined to @bandon their views when they ascend to the bench. As justices, they do not usually fin their decisions forsake “passions or preconceived ecologies. Justice Douglas is sg much an outspoken Hberal he was in ne Dea ¥s. On 66 AUG 3 _ af the United States. This is in Dime with the unfortunate trend of the past several to the Supreme Court political associates or partisan sup-~ d - backgtound is appointed, and waesibie that Mr. Fortes may turn out to be a well-balanced ing the prevalent indifference the need for men of judi- e for service on th highest court of the land, wrote in a dispatch on Oct. 1,7 63: his middle-of-the-road phil-. osophy. What has that to do with the interpretction of the statutes or the settlement of 's betweelf CITIZerms, | iy when furfdamental = atest of constitutionality a erhere ts no middle of the | Foad between right and wrong in determining a judicial question. Congress May pass good or bad laws, yet whether they are Constitutional has to be decided not on the basis of any particular, philosophy of government but on their actuel conformity to the powers set forth in the Con- _ stitution.” In the same week of 1953, but before jt was known who would be appointed Chief Justice, & statement ‘was issued by Glenn R. Winters, editor of the Journal of the American ‘Judicature Society, in which he said: - , total prior “Today, the judicial experience of the members of the Suoreme Court consists of Mr. Justice Black’s 18 months es a police judge and Mr. Justice Min- ton’s elght years on the Federal appellate bench.” Mr. Winters declared it Was poasible to bveremphastze the need for prior judicial - ex- T’ : pe lence, but added “tt seemng ai wee emphasized. There are great. ’ comes the major qualification NOT RECORDED 184 AUG TT 1965 a ey more thert Clear That # SiGe lees. “has actually been geet Sayre. and distinguished judges hp- day on both tate and Federal courts eminently qualified for the judicial and sdministra- tive responsibilities of the chief justiceship.” _— Tt may be that the articu- lation of these and similar views had an effect subse- quently on President Eisen- hower, for in his ater appointments to the high court he nominated such ob- jective-minded and = experi- enced Federal judges as John M. Harlan, Charla BE. Whit- taker and Potter Stewart, all of whom have made signift- cant contributions te Con- stifutional law. But the trend has since turned the other way again, and it is surprising that spokesmen for the bar associations, who often stress the need for a “rule of law,” are willing. to alt by without protest az political rather than juridical training be- for appointment te the highest court of the land. las ©1965, New Verk Herat Tribute Te . LA 1G2- 295 F5-A- UNRECORDEDNCOPY LED WHE /~ 2 Eb 0= The Washington Port and Times Herald The Washington Dally News ____ The Evening Star New York Herald Tribune Vy New York Journal-American New York Daily News New York Post The New York Times The Baltimore Sun The Worker The New Leader __._ The Wall Stree? Tournal ———— The National © server ———— JUL 29 yo 4 he